MAJID AND TWO OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint was lodged by Mustafa in PS Pathari, District Haridwar, against the accused persons / appellants in connection with offences punishable under Sections 307, 452 and 324 IPC. Incident took place in the intervening night of 1/2. 02.1998 around 12:00 night and the report was lodged on 02.02.1998 at 7:30 a.m. The distance between the place of occurrence and the Police Station was about 8 kilometers and hence there appeared to be no delay in lodging the FIR. After investigation of the case, a charge-sheet for the offences punishable under Sections 307, 452 and 324 IPC was filed against the accused-appellants.

(2.) The trial commenced. Charges for the offences punishable under Sections 452 IPC, 307 IPC read with Section 34 IPC and Section 324 IPC read with Section 34 IPC were framed against the accused persons, who pleaded not guilty and claimed trial. As many as 11 prosecution witnesses were examined on behalf of prosecution and, thereafter, incriminating evidence was put to accused persons in statements under Section 313 Cr.P.C. They denied their participation in the incident and also said that they were falsely implicated in the case. After hearing both the sides, learned Trial Court convicted accused Majid, Rashid and Wahid, all sons of Zafra for the offences punishable under Sections 307/34, 324/34 and 452 IPC. All the convicts were awarded imprisonment for life for the offence punishable under Section 307/34 IPC. They were also sentenced appropriately in relation to other offences. Aggrieved against the said order, present appeal was preferred.

(3.) Prosecution evidence was led by PW 1 Mustafa, who was also the informant. In his examination-in-chief, he proved his complaint (Ext. Ka-1) and said that in the intervening night of 1/2.02.1998 when he along with his father, mother and sisters were sleeping, accused-appellants Majid, Rashid and Wahid came to their house. Majid and Rashid were armed with countrymade pistols and Wahid was having a knife in his hand. They staked their claim over certain property, to which his father said that property belonged to him. Majid and Rashid got infuriated and they fired upon the informant's father. Informant's father was injured. When his sister Batoola tried to save her father, she also sustained the injuries of knife on her hand. When an alarm was raised, the villagers reached there. Accused persons fled away from there.